Level 25, 200 Queen Street, Melbourne 3000
+61 3 8600 1700

Level 26, 200 Queen Street, Melbourne 3000
+61 3 8600 1777

Sandip Mukerjea

Sandip Mukerjea
BA, LLB (Hons)
Sandip Mukerjea

T.  +61 3 9225 6231
M. +61 425 785 682
mukerjea@vicbar.com.au

Level 25, 200 Queen Street, Melbourne

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Areas of practice
Civil Procedure Contractual Disputes Coronial Inquests Defamation Disciplinary Proceedings Insurance Law and Professional Negligence Law Intentional Torts Judicial Review and Administrative Law Merits Review Privacy Professional Negligence Sports Tribunals and Commissions
Sandip appears and advises (both led and unled) in a range of common law, media, insurance and administrative law matters, including trials, inquests and appeals. In each of the past 10 years (2014-23) he was recognised by his peers in the AFR's annual 'Best Lawyers' list for his expertise in Defamation and Media Law. In 2022 and 2023 he was also listed in the area of Litigation and in 2023 in the area of Product Liability too. In 2016 and 2020-22 he was ranked by Doyle's Guide in the area of Technology, Media and Communications and in 2020 was also ranked in the area of professional indemnity insurance. In 2021, 2022 and 2024, he was recognised in the Asia-Pacific Legal 500 as one of Australia's leading media law junior counsel.

Sandip has extensive advocacy experience in defamation, breach of confidence, freedom of information and contempt of court matters, as well as in applications for non-publication orders in criminal and civil cases – where he is usually opposed to senior counsel. He has a sound knowledge of both civil and criminal procedure.  In recent years he has advised and appeared in many of Victoria’s most prominent media disputes, including acting for: News Corporation is its defence of defamation proceedings brought by Bruce Lehrmann; Bauer Media in defence of a defamation claim brought by actress, Rebel Wilson; Nationwide News in a defamation claim brought by musician, Daniel Johns; the ABC, The Age and the Daily Mail in defamation claims brought by Mick Gatto; Nine Network in various defamation claims including those brought by Prof Munjed Al Muderis and Queensland’s Wagner family; Google, Twitter, Yahoo! and Microsoft in a series of defamation claims relating to search engines and social media; and over 30 media-respondents in a contempt of court prosecution brought by the DPP in relation to publicity which attended the jury verdict (since overturned on appeal) against Cardinal George Pell.

Between January 2019 and November 2020, Sandip was one of the counsel assisting the Victorian Royal Commission into the Managament of Police Informants, where he was briefed to advise and appear on questions concerning suppression orders, public interest immunity and privilege claims.  In that capacity he appeared on behalf of the Commission on numerous occasions in the High Court and Victorian Court of Appeal.

Sandip also has specific expertise in relation to the Australian sports and racing industries, where he has advised or appeared for the Australian Football League and Racing Victoria Ltd  in relation to commercial, regulatory and disciplinary matters.  He is also an Independent Tribunal Chairperson for Tennis Australia. Notable cases include: acting for the Racing Stewards in the prosecution of jockey Danny Nikolic; acting for the AFL in the prosecution of Adelaide Football Club and others; acting for Mark ‘Bomber’ Thompson in the Essendon Football Club supplements prosecution; and acting for licensed horse trainers Danny O’Brien and Mark Kavanagh in the long running ‘Cobalt’ prosecutions.

Sandip is a member of the Common Law Bar Association and the Commercial Bar Association. He also formerly edited the Defamation chapter of The Law Handbook and is a committee member for the Victorian Bar News.

Cases

Defamation / Media

  • Hun v Aljazeera International (Malaysia) SDN BHD (No 2) [2023] FCA 1546 (6 December 2023) (Defamation – interlocutory costs order)
  • Hun v Aljazeera International (Malaysia) SDN BHD [2023] FCA 1103 (15 September 2023) (Defamation – serious harm – led by Will Houghton KC)
  • Bartlett v Roffey and Ors [2023] WASC 3 (16 August 2023) (Defamation – Cross-vesting – led by Matt Collins KS and with Holly Jager)
  • Lehrmann v Network Ten Pty Limited (Limitation Extension) [2023] FCA 385 (28 April 2023) (Defamation – extension of limitation period – led by Renee Enbom KC)
  • Gatto v Australian Broadcasting Corporation & Ors [2022] HCATrans 197 (11 November 2022) (Defamation – special leave application – led by Matt Collins KC)
  • Gatto v Australian Broadcasting Corporation [2022] VSCA 66 (13 April 2022) (Defamation – appeal – led by Matt Collins KC)
  • Gatto v Australian Broadcasting Corporation & Ors [2021] VSC 83 (26 February 2021) (Defamation – trial – led by Matt Collins KC)
  • Gatto v Australian Broadcasting Corporation & Ors (No 1) [2020] VSC 420 (10 July 2020) (Defamation – application for trial by jury – led by Matt Collins KC)
  • Ajaka v Nine Network Pty Ltd (No 2) [2022] NSWSC 765 (9 June 2022) (Defamation – preliminary discovery – led by Matt Collins KC)
  • Nine Network Australia Pty Ltd v Ajaka [2022] NSWCA 91 (9 June 2022) (Defamation – appeal – preliminary discovery – led by Matt Collins KC)
  • Bastiaan v Nine Entertainment Co Holdings Limited (No 2) [2022] FCA 187 (16 February 2022) (Contempt – costs)
  • Bastiaan v Nine Entertainment Co Holdings Limited [2022] FCA 60 (11 February 2022) (Contempt – injunction – led by Will Houghton KC)
  • Lanzer v Australian Broadcasting Corporation [2021] FCA 1283 (21 October 2021) (Defamation – injunction – led by Matt Collins KC)
  • The Queen v The Herald & Weekly Times Pty Ltd [2021] VSC 253 (4 June 2021) (Contempt of Court trial – led by Will Houghton KC and Matt Collins KC, with Morgan McLay)
  • The Queen v The Herald & Weekly Times Pty Ltd & Ors (Ruling No 2) [2020] VSC 800 (4 December 2020) (Contempt of Court No Case Submission – led by Will Houghton KC and Matt Collins KC, with Morgan McLay)
  • Wilson v Bauer Media Pty Ltd & Anor [2018] HCATrans 238 (16 November 2018) (Defamation special leave application to High Court – led by David Jackson KC)
    Bauer Media Pty Ltd v Wilson (No 2) [2018] VSCA 154 (14 June 2018) (Defamation Appeal – led by Michael Wheelahan QC)
  • Wilson v Bauer Media [2017] VSC 521 (13 September 2017) (Defamation Trial – led by Georgina Schoff KC)
  • Nine Network Australia Pty Ltd & Ors v Wagner & Ors [2020] QCA 221 (13 October 2020) (Defamation appeal – led by Sandy Dawson SC)
  • Morris v St Vincent’s Health Australia Ltd & Anor [2020] VSC 690 (21 October 2020) (Defamation – application to amend pleading – led by Will Houghton KC)
  • Nikolic v Nationwide News Pty Ltd [2020] VSC 98 (9 April 2020) (Defamation / Injurious Falsehood – summary judgment application)
  • Nikolic v Twitter & Ors [2020] VSC 101 (9 April 2020) (Defamation – summary judgment application)
  • Khan v The Age Company Pty Ltd & Ors [2019] VSC 839 (6 December 2019) (Defamation – application to set aside judgment)
  • Trkulja v Microsoft Corporation (Ruling No 2) [2019] VSC 310 (7 May 2019) (Defamation – application to amend pleading)
  • Ewins v State of Victoria [2019] VSC 129 (7 March 2019) (Defamation – application to strike-out pleading)
  • Dinh v Nine Network Australia Pty Ltd [2018] VSC 464 (15 August 2018) (Defamation – application for interlocutory injunction)
  • Trkulja v Microsoft [2018] VSC 399 (23 July 2018) (Defamation – summary judgment application – led by Matt Collins KC)
  • Moodie v Perna (Ruling No 1) [2018] VSC 158 (4 April 2018) (Defamation – release from Harman undertaking – led by Simon Wilson KC)
  • Barrow v Bolt & Anor [2015] VSCA 107 (21 May 2015) (Defamation Appeal – led by Matt Collins KC)
    Barrow v Bolt & Anor [2014] VSC 599 (2 December 2014) (Defamation Trial – led by Matt Collins KC)
  • Chief Commissioner of Police v The Herald & Weekly Times [2014] VSC 156 (10 April 2014) (Breach of Confidence – interlocutory injunction – led by David Gilbertson KC)
    Barrow v Bolt & Anor (Ruling No 3) [2014] VSC 16 (7 February 2014) (Defamation)
    Crisp v Fairfax Media Ltd & Ors [2012] VSC 615 (19 December 2012) (Defamation – application for interlocutory injunction – led by Matt Collins KC)

Inquiries / Inquests / Administrative Law

  • Chairperson of the Royal Commission into the Management of Police Informants v DPP [2020] VSCA 184 (8 July 2020) (Application to vary suppression orders – led by Penelope Neskovcin KC)
  • AB (a pseudonym) v CD (a pseudonym); EF (a pseudonym) v CD (a pseudonym) [2019] HCA 6 (27 February 2019) (Suppression Order)
  • AB v CD & EF [2019] VSCA 28 (21 February 2019) (Suppression Order – led by Penelope Neskovcin KC)
  • Applebee v Monash CC (Review and Regulation) [2014] VCAT 257 (26 March 2014) (Statutory interpretation)
  • Quinn v Greater Geelong CC (Review and Regulation) [2013] VCAT 286 (14 March 2013) (Dangerous dog declaration)

Commercial / Trade Practices

  • REA Group Limited v Fairfax Media Limited [2017] FCA 91 (13 February 2017) (Misleading and deceptive conduct – led by Tim McEvoy QC)
  • TrinityP3 Pty Ltd v WIP Consulting Pty Ltd [2016] VSC 735 (2 December 2016) (Breach of contract, breach of confidence, restraint of trade)
  • TPI Enterprises Ltd v Poppy Growers Tasmania Inc [2014] VSC 518 (24 October 2014) (Defamation, Misleading and Deceptive Conduct – led by Matt Collins KC)
  • Norman South Pty Ltd & Anor v da Silva [2012] VSC 477 (18 October 2012) (Breach of Confidence Trial – led by Georgina Schoff KC)
  • Dewhurst v Australian Taxation Office [2012] FWA 8288 (1 October 2012) (Enterprise agreement dispute)

Common Law / Insurance

  • Linard v Wellington Shire Council & Anor [2018] VCC 1205 (20 August 2018) (Private nuisance – trial)
  • Deitrich v Pulse Pharmacy Northcote Pty Ltd [2014] VSC 307 (7 August 2014) (Medical Panel Judicial Review – led by Robin Gorton QC)

Sports Law / Disciplinary

  • Racing Victoria Limited v Riley [2016] VSCA 230 (21 September 2016); Riley v Racing Victoria Ltd [2015] VSC 527 (1 October 2015) (Disciplinary Appeal – led by Patrick Tehan KC)
  • Fidge v Councillor Conduct Panel (Review and Regulation) [2014] VCAT 1477 (2 December 2014) (Disciplinary prosecution / Constitutional Law)
  • Nikolic v Racing Victoria Limited (Occupational and Business Regulation) [2012] VCAT 1954 (21 December 2012) (Disciplinary prosecution – led by Philip Dunn KC)

Freedom of Information

  • Office of the Premier v Herald and Weekly Times [2013] VSCA 79 (12 April 2013) (Freedom of information Appeal – led by Matt Collins KC)
  • Macdonnell v State Sport Centres Trust (Review and Regulation) [2018] VCAT 1616 (17 October 2018) (Freedom of Information)

Suppression Orders

  • Re WD (No 2) [2023] VSC 790 (22 December 2023) (Suppression Order / Declaration)
    Lum v Kay & Burton (Brighton) [2020] VMC 19 (27 August 2020) (Access to court documents)
  • DPP v Pell (Review of Suppression Order) [2018] VCC 2125 (14 December 2018)
  • DPP v Lawson & Ors (Ruling No. 2) [2012] VSC 469 (11 October 2012) (Suppression order)
Level 25: Telephone: +61 3 8600 1700 Fax: +61 3 8600 1725
Level 26: Telephone: +61 3 8600 1777 Fax: +61 3 8600 1770
email: contact@chancery.com.au